During the year 2018, many regulations on maternity policies applicable to female workers in particular and employees in general will officially come into effect. The following are three notable new regulations:1.2.3.
1. Application of New Forms in Maternity Benefits Procedures Starting from March 01, 2018
The Ministry of Health has issued Circular 56/2017/TT-BYT detailing the implementation of the Law on Social Insurance and the Law on Occupational Safety and Hygiene in the health sector.
Medical facilities and employees will apply new forms when performing maternity benefits procedures, replacing the old forms (in Circular 14/2016/TT-BYT), specifically including the following forms:
- Annex 3: Hospital Discharge Paper;- Annex 4: Medical Record Summary;- Annex 5: Birth Certificate;- Annex 6: Pregnancy Leave Certificate;- Annex 7: Certificate of Leave for Social Insurance Benefits.
Refer to the guidelines on issuing the above documents in Circular 56/2017/TT-BYT issued on December 29, 2017.
2. Regulations on the Examination Dossier to Determine that Female Employees are Unable to Care for Their Children or Need Pregnancy Leave
Circular 56/2017/TT-BYT also provides guidance on the examination dossier to determine that female employees are not healthy enough to care for their children after birth or after receiving a child born through surrogacy, or need pregnancy leave.
The specific components of the dossier include:
- Examination request form according to the template specified in Annex 2 attached to this Circular;- The original or valid copy of one or more of the following medical examination and treatment documents: Medical Record Summary (Obstetric Record or other diseases), Disability Certificate, Hospital Discharge Paper, Medical Record Book, the copy of Occupational Disease Record, Occupational Disease Assessment Report, Labor Accident Assessment Report for those who have had an occupational disease or labor accident examination;- One of the following photo-identification documents: Identity Card; Citizen Identification; Valid Passport.
The resolution of the medical examination dossier and the procedures for medical assessment are carried out according to the provisions of Circular 52/2016/TT-BYT, which stipulates the duties, powers, working relations and activities of the Medical Examination Council at all levels.
3. Employees to Receive Increased One-Time Allowance after Giving Birth or Adopting a Child
According to the provisions of Resolution 49/2017/QH14, from July 01, 2018, the statutory pay rate will increase from 1,300,000 VND/month to 1,390,000 VND/month.
Simultaneously, based on the Law on Social Insurance 2014, a female employee giving birth or an employee adopting a child under six months of age is entitled to a one-time allowance per child equal to two times the statutory pay rate in the month of childbirth or the month of adoption.
Thus, from July 01, 2018, maternity benefits for employees will be increased from the current 2,600,000 VND per child to 2,780,000 VND per child.